St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-10
DAKOTA'S LAWMAKERS
They Discuss Scheme for Substituting
Trustees for the Old Capitol
Commission.
The Governor Offers Several Suggestions,
Which, if Adopted, May Save
Veto.
Maj. Edwards, of Fargo, and Harris,
of Aberdeen, for Public
Examiners.
The Formers Nomination to be
Withdrawn--Temp Named
for Attorney General.

Special to the Globe.
BISMARCK. OAK, March 9.-The sub
Stitute for theHouSe Bill No. 145 came up in
house this afternoon and created an in
teresting little splurge. in which Frank
Aikens figured. cOnspicuously. The bill
provides for abOlishing the old copitol COM
mission and creating new beard of trus-
tees for territorial property here, consisting
or the governor, auditor and secretary.
When the bill was brought up in commit
tee of the whole DR.. Stewart, of Fall
River, propose the following amendment:
All outstanding warrants heretofore is
sued by the auditor rnd territory under pro-
visions of chapter l0j of the general laws OF
1888, not exceeding $55.S70.53 aud interest
due thereon shall be redeemed by exchang-
ing. Therefor Lefunding warrants for the
amount of the principal and interest lawfully
| assessed thereon atthe date of Suchchange. The
principal of said refunding warrants shall be
payable three years after the date OF the is
Suance Thereof and the same shall bear inter-
| est at the rate of per cent. per annum pay
| able semi-annually at the office of the terri
| tOrial treasurer, but any of the said refund
warrants may be redeemed by the governor
at the time OF the maturity Of any installment
OF Interest falling due after period of two
| years subsequent to the date of the issuance
thereof by payment to the lawful owner and
| nOluer OF Sucn feTundlng warrants or the
principal thereof and of the interest which
| shall have accrued thereon prior to the date
of making such redemption. After tender
by the treaturer to the holder OF such refund
ing warrant of
AMOUNT REQUIRED
as aforesaid for REDEMPTION thereof interest
| upon the principal of such refunding war
rants shall cease. The principal and interest
! Of SAID refundlng warrants shall be paid out
of any money in the treasury, not otherer-
wise appropriated, as the respective duties of
maturity of said interest and principal
! Within ten days after the date of the passage
of this act it shall be the duty of the treas
urer to give notice by mail to each of the
holders Of warrants now outstanding to pre-
| sent the same to him for redemption in the
manner hereinoefOre provided, within twenty
days from the date of such notice, and in
case OF the failure of the holder of
any of said warrants now outstanding to so
present the same for redemption within
ninety days from the passage of this act all
| interest upon the same shall thereafter cease
Provided, that in case the territory shall
| hereafter be divided into two territories or
! states that territory state in which the city
! of Bismarck shall be situated shall be exclu-
| Siyely liable for the payment of the principal
and interest of said refund lng warrants.
| Aikens fought the amendment and the
passage of the bill vigorously. He said the
capitol commission has issued warrants il
legally. and they had better be left Just
where they are, and the board Of commits
| siOnerS should be allowed to exist. He
claimed it was a scheme to saddle the debt
on the territory, and he thought this ought
not to be done until the territory could
get a clear title and deed to
the land on which the capitol stood. Other
wise it would revert back to the Northern
Pacific railroad. In his opinion the terri
tory had no claim on the capitol, and was
| not responsible for warrants issued, ostensl
| bly, to get funds with which to build the
capitol. These warrants he thought the
| board of commissioners should be response
BILE for. Aikens fought well, but the North
had laid its wires too well. and the amend
ment was adopted and the bill eventually
passed on vote of &c to % as amended.
| The South is anxious that the North should
pay for the capitol since they have it, and
they don't want to have hand in it them
selves. DR.. Stewart is a South Dakota
man, but he wanted soldiers home and
got it, through the friendship Of the North.
Consequently he was
| UNDER OBLIGATIONS
to that faction. In regard to the matter
Alexander Hughes, president of the capitol
commission board, in an interview with the
| GLOBE correspondent this afternoon, said:
| The deed for the capitol grounds merely
| follows the act of the legislature and contains
| nothing which the law and act Itself would
| not add to shortest and simplest form of war
ranty deed that could be devised. The act in
| substance provides that the territory through
| the medium of the capitol commission shall
| invite contributions i'll money and in lands
| that the lands shall not be less than 100 acres
| in quantity; that the same shall be properly
plated and laid Off; that proper
| 70. 1nn citn OF
building and its appurtenances shall be
reserved; that the residue not needed for
! such uses shall be appraised and sold for the
| best price obtainable, not less than the ap-
| praisement, and that the proceeds shall be
| paid into the capitol building fund The legal
| effect of any donation of lands in the territory
under this act will instantly be recognized by
| any lawyer. The lands are received by the
| territory for the specific purposes named in
| the act and for those only, and the territory
| cannot lawfully divert them to any other use
| Or purpose than that which the act itself
specifies. If the territory, having asked and
obtained
AGIFr OF LAND
for one purpose, should then turn around and
seek to divert 1t to another, the donor ire
| spective Of the form Of his deed could at once
| reclaim such part OF the lands as remained
! unsold and the uneXpended balance of the
| proceeds in the hands Of the territorial treas
| urer. This is Il plain, simple rule of law and
| eqnity, applicable to all courts and founded
| on the most manifest rules of common hon.
| esty as between man and man. All the terri
| tory could possibly do with the lands donated
| by the railroad company under any form of
| deed that could be made would be: First to
| use so much thereof as seems proper for the
| site of government buildings, and second to
| sell the remainder and apply the proceeds in
| the construction and repairs of such build
| ngs, including repayment of the funds ad-
vanced out of the general public earnings for
the same uses.
The bill has yet to go through the council
and pass the governor before it can become
a law. There is little doubt that it will
| pass the council but the governor, it is I'M
| derStOod. will not approve bill that pro-
| videS for the payment of debt out of the
| general fund in the territorial treasury. In
conversation with the GLOBE representa-
| tive to-day he said he had laid the follow
| ing proposition bearing on the subject be-
| fore some members of the legislature, and
it seemed to him to be the only fair way of
diSposng of the matter.
THE PROPOSITION Is THIS:
That an act be passed by the legislature
| providing for the issuing of first mortgage
| bonds on,the grounds and on the CAPITOL which
| will be a lien on 100 acres and on the capitoI
! on condition that the Northern Pacific rail-
| road people agree that this shall be lien on
| the capitol and capitol grounds This is for
! the purpose of obviatng any question that
may arise. that in case of Il removal of the
| capital the land will revert to the Northern
| Pacific Railroad company.
Second-That the quarter section be like
wise conveyed by the Northern Pacific rail
road with a proyso in the deed that it should
| be sold in lots and the money used for the
| completion Of the capitol. 1T may be aD-
praised and sold at such time. or in such
manner as the legislature may direct, and the
| fund arising therefrom shall be pledged to-
| nr.lc q hn int